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SOFTWARE LICENSE AGREEMENT
This end user license agreement (“Agreement”) is a legal agreement between you and WB Games Inc., a company duly organized under the laws of the State of Washington, with its principal offices at 12131 113th Avenue NE, Suite 300, Kirkland, WA, USA (“WB Games”) for the interactive entertainment product, including the software included herewith, the associated media and any printed materials (collectively, the “Product”). By installing, accessing, playing or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, access, play or otherwise use the Product.
Software License
WB Games grants to you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of this Product solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by WB Games. This Product is licensed, not sold. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights to the Product. The Product contains font software licensed from third parties. Such font software shall only be used with the Product and not extracted from the Product for any purpose. All right, title and interest in and to this Product and any and all copies thereof (including, but not limited to any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by WB Games or its licensors. This Product is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Product contains certain licensed materials and WB Games’ licensors may protect their rights in the event of any violation of this Agreement.
You may not: (1) copy the Product in its entirety onto a hard drive or other storage device; (2) distribute, rent, lease or sublicense all or any portion of the Product; (3) modify or prepare derivative works of the Product; (4) transmit the Product over a network, by telephone or electronically using any means, or permit the use of the Product in a network, multi-user arrangement or remote access arrangement, except in the course of your network multiplayer play of the Product over authorized networks; (5) design or distribute unauthorized levels; (6) reverse engineer the Product, derive source code, or otherwise attempt to reconstruct or discover any underlying source code, ideas, algorithms, file formats, programming or interoperability interfaces of the Product by any means whatsoever, except to the extent expressly permitted by law despite a contractual provision to the contrary, and then only after you have notified WB Games in writing of your intended activities; (7) export or re-export the Product or any copy or adaptation thereof in violation of any applicable laws without first obtaining a separate license from WB Games (which WB Games may or may not grant in its sole discretion) and WB Games may charge a fee for any such separate licenses.
Because WB Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that WB Games shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement in addition to such other remedies as WB Games may otherwise have under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Customer Support
In the unlikely event of a problem with your Product, you may only need simple instructions to correct the problem. Please contact WB Games Customer Service Department by calling us at (410) 568-3680 or via email at support@wbgames.com before returning the Product to a retailer. Please do not send any Product to WB Games without contacting us first.
Limited Warranty
WB Games warrants to the best of WB Games’ ability to the original consumer purchaser of the Product that the medium on which the Product is recorded shall be free from defects in materials and workmanship for a period of ninety (90) days from the original date of purchase. If a defect in materials or workmanship occurs during this ninety (90) day warranty period, WB Games will either repair or replace, at WB Games’ option, the Product free of charge. In the event that the Product is no longer available, WB Games may, in its sole discretion, replace the Product with a product of comparable value. The original purchaser is entitled to this warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate (to WB Games’ satisfaction) that the Product was purchased within the last ninety (90) days.
To receive warranty service:
Notify the WB Games Customer Service Department of the problem requiring warranty service by calling (410) 568-3680 or emailing support@wbgames.com. If the WB Games service technician is unable to solve the problem by phone or on the web via email, he/she may authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof of purchase within the ninety (90) day warranty period to:
WB Games Customer Support
c/o Pole to Win International
10720 Gilroy Road
Hunt Valley, MD 21031
WB Games is not responsible for unauthorized returns of Product and reserves the right to send such unauthorized returns back to customer.
This limited warranty shall not be applicable and shall be void if: (a) the defect in the Product has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Product is used with products not sold or licensed by the appropriate platform manufacturer or WB Games (including but not limited to, non-licensed game enhancements and copier devices, adapters and power supplies); (c) the Product is used for commercial purposes (including rental); (d) the Product is modified or tampered with; or (e) the Product’s serial number has been altered, defaced or removed.
Warranty Limitations / Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS MADE AVAILABLE TO YOU UNDER THIS AGREEMENT ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE, ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS APPLICABLE TO THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED BY WB GAMES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTIAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS PRODUCT SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WB GAMES BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES: (1) DIRECT; (2) SPECIAL; (3) CONSEQUENTIAL; (4) PUNITIVE; (5) INCIDENTAL; (6) DAMAGES TO PROPERTY; (7) LOSS OF GOODWILL; (8) COMPUTER FAILURE OR MALFUNCTION; AND (9) DAMAGES FOR PERSONAL INJURIES (EXCEPT WHERE SUCH INJURIES ARE CAUSED BY THE NEGLIGENCE OF WB GAMES), RESULTING FROM THE POSESSION, USE OR MALFUNCTION OF THIS PRODUCT, EVEN IF WB GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WB GAMES’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PRODUCT. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IN SUCH INSTANCES WB GAMES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY OF WB GAMES WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
General
The terms set forth in this Agreement, including the Warranty Limitations/Disclaimer and Limitation of Liability, are fundamental elements of the basis of the agreement between WB Games and you. WB Games would not be able to provide the Product on an economic basis without such limitations. Such Warranty Limitations/Disclaimer and Limitation of Liability inure to the benefit of WB Games’ licensors, successors and assigns. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreement and representations between them with respect to the subject matter herein. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, such provision shall, to the extent required, be deemed not to form part of this Agreement and the remaining provisions of this Agreement shall not be affected. If a provision is held to be illegal invalid or unenforceable to the extent permitted by the applicable law, such provision shall be reformed only to the extent necessary to make it enforceable. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California. Notwithstanding the foregoing, WB Games shall have the right to bring a claim against a Consumer End User in the courts of the jurisdiction in which such Consumer End User is domiciled.
MIDDLE-EARTH: SHADOW OF MORDOR © 2014 Warner Bros. Entertainment Inc. Developed by Monolith. © 2014 New Line Productions, Inc.
© The Saul Zaentz Company. MIDDLE-EARTH: SHADOW OF MORDOR, THE HOBBIT, and the names of the characters, items, events and
places therein are trademarks of The Saul Zaentz Company d/b/a Middle-earth Enterprises under license to Warner Bros. Interactive Entertainment.
MONOLITH LOGO, WB GAMES LOGO, WB SHIELD: ™ & © Warner Bros. Entertainment Inc.
(s14)
This end user license agreement (“Agreement”) is a legal agreement between you and WB Games Inc., a company duly organized under the laws of the State of Washington, with its principal offices at 12131 113th Avenue NE, Suite 300, Kirkland, WA, USA (“WB Games”) for the interactive entertainment product, including the software included herewith, the associated media and any printed materials (collectively, the “Product”). By installing, accessing, playing or otherwise using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install, access, play or otherwise use the Product.
Software License
WB Games grants to you the non-exclusive, non-transferable, revocable, limited right and license to use one copy of this Product solely and exclusively for your personal use. All rights not specifically granted under this Agreement are reserved by WB Games. This Product is licensed, not sold. Your license confers no title or ownership in this Product and should not be construed as a sale of any rights to the Product. The Product contains font software licensed from third parties. Such font software shall only be used with the Product and not extracted from the Product for any purpose. All right, title and interest in and to this Product and any and all copies thereof (including, but not limited to any and all titles, computer code, technology, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, music, etc.) are owned by WB Games or its licensors. This Product is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. This Product contains certain licensed materials and WB Games’ licensors may protect their rights in the event of any violation of this Agreement.
You may not: (1) copy the Product in its entirety onto a hard drive or other storage device; (2) distribute, rent, lease or sublicense all or any portion of the Product; (3) modify or prepare derivative works of the Product; (4) transmit the Product over a network, by telephone or electronically using any means, or permit the use of the Product in a network, multi-user arrangement or remote access arrangement, except in the course of your network multiplayer play of the Product over authorized networks; (5) design or distribute unauthorized levels; (6) reverse engineer the Product, derive source code, or otherwise attempt to reconstruct or discover any underlying source code, ideas, algorithms, file formats, programming or interoperability interfaces of the Product by any means whatsoever, except to the extent expressly permitted by law despite a contractual provision to the contrary, and then only after you have notified WB Games in writing of your intended activities; (7) export or re-export the Product or any copy or adaptation thereof in violation of any applicable laws without first obtaining a separate license from WB Games (which WB Games may or may not grant in its sole discretion) and WB Games may charge a fee for any such separate licenses.
Because WB Games would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that WB Games shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement in addition to such other remedies as WB Games may otherwise have under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Customer Support
In the unlikely event of a problem with your Product, you may only need simple instructions to correct the problem. Please contact WB Games Customer Service Department by calling us at (410) 568-3680 or via email at support@wbgames.com before returning the Product to a retailer. Please do not send any Product to WB Games without contacting us first.
Limited Warranty
WB Games warrants to the best of WB Games’ ability to the original consumer purchaser of the Product that the medium on which the Product is recorded shall be free from defects in materials and workmanship for a period of ninety (90) days from the original date of purchase. If a defect in materials or workmanship occurs during this ninety (90) day warranty period, WB Games will either repair or replace, at WB Games’ option, the Product free of charge. In the event that the Product is no longer available, WB Games may, in its sole discretion, replace the Product with a product of comparable value. The original purchaser is entitled to this warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate (to WB Games’ satisfaction) that the Product was purchased within the last ninety (90) days.
To receive warranty service:
Notify the WB Games Customer Service Department of the problem requiring warranty service by calling (410) 568-3680 or emailing support@wbgames.com. If the WB Games service technician is unable to solve the problem by phone or on the web via email, he/she may authorize you to return the Product, at your risk of damage, freight and insurance prepaid by you, together with your dated sales slip or similar proof of purchase within the ninety (90) day warranty period to:
WB Games Customer Support
c/o Pole to Win International
10720 Gilroy Road
Hunt Valley, MD 21031
WB Games is not responsible for unauthorized returns of Product and reserves the right to send such unauthorized returns back to customer.
This limited warranty shall not be applicable and shall be void if: (a) the defect in the Product has arisen through abuse, unreasonable use, mistreatment or neglect; (b) the Product is used with products not sold or licensed by the appropriate platform manufacturer or WB Games (including but not limited to, non-licensed game enhancements and copier devices, adapters and power supplies); (c) the Product is used for commercial purposes (including rental); (d) the Product is modified or tampered with; or (e) the Product’s serial number has been altered, defaced or removed.
Warranty Limitations / Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT IS MADE AVAILABLE TO YOU UNDER THIS AGREEMENT ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE, ALL OTHER EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS APPLICABLE TO THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED BY WB GAMES. SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OF CERTIAIN IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IF ANY SUCH WARRANTIES ARE INCAPABLE OF EXCLUSION, THEN SUCH WARRANTIES APPLICABLE TO THIS PRODUCT SHALL BE LIMITED TO THE 90 DAY PERIOD DESCRIBED ABOVE.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WB GAMES BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES: (1) DIRECT; (2) SPECIAL; (3) CONSEQUENTIAL; (4) PUNITIVE; (5) INCIDENTAL; (6) DAMAGES TO PROPERTY; (7) LOSS OF GOODWILL; (8) COMPUTER FAILURE OR MALFUNCTION; AND (9) DAMAGES FOR PERSONAL INJURIES (EXCEPT WHERE SUCH INJURIES ARE CAUSED BY THE NEGLIGENCE OF WB GAMES), RESULTING FROM THE POSESSION, USE OR MALFUNCTION OF THIS PRODUCT, EVEN IF WB GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WB GAMES’ LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PRODUCT. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY. IN SUCH INSTANCES WB GAMES’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY OF WB GAMES WHERE SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained in this Agreement shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
General
The terms set forth in this Agreement, including the Warranty Limitations/Disclaimer and Limitation of Liability, are fundamental elements of the basis of the agreement between WB Games and you. WB Games would not be able to provide the Product on an economic basis without such limitations. Such Warranty Limitations/Disclaimer and Limitation of Liability inure to the benefit of WB Games’ licensors, successors and assigns. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreement and representations between them with respect to the subject matter herein. This Agreement may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, such provision shall, to the extent required, be deemed not to form part of this Agreement and the remaining provisions of this Agreement shall not be affected. If a provision is held to be illegal invalid or unenforceable to the extent permitted by the applicable law, such provision shall be reformed only to the extent necessary to make it enforceable. The controlling language of this Agreement is English. If you have received a translation into another language, it has been provided for your convenience only. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law, and you consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles, California. Notwithstanding the foregoing, WB Games shall have the right to bring a claim against a Consumer End User in the courts of the jurisdiction in which such Consumer End User is domiciled.
MIDDLE-EARTH: SHADOW OF MORDOR © 2014 Warner Bros. Entertainment Inc. Developed by Monolith. © 2014 New Line Productions, Inc.
© The Saul Zaentz Company. MIDDLE-EARTH: SHADOW OF MORDOR, THE HOBBIT, and the names of the characters, items, events and
places therein are trademarks of The Saul Zaentz Company d/b/a Middle-earth Enterprises under license to Warner Bros. Interactive Entertainment.
MONOLITH LOGO, WB GAMES LOGO, WB SHIELD: ™ & © Warner Bros. Entertainment Inc.
(s14)